CHILDREN AND THE LAW
...Dependency Petitions
......Jurisdictional Hearing
.........Burden of Proof
8 Cards On This Topic:

Allegations sustained re half-sibling more than 4 years before current jurisdiction hearing, standing alone, not substantial evidence sufficient to support W&IC 300 (j) jurisdictional findings.

Preponderance of evidence sufficient to support jurisdiction finding of dependency.

Allegations in dependency petition must be proved by preponderance of evidence

Dependency petition must be proved by preponderance of evidence at jurisdictional hearing.

Findings of jurisdictional order re sufficiency of evidence under preponderance test are reviewable after dispositional order amounting to judgment is entered.

If agency fails to meet its burden of proof, trial ct. must give other parties an opportunity to supply the evidentiary deficiency.

Burden of proof properly placed on parent to rebut expert’s general testimony re heroin addict’s ability to care for child.

Although preponderance of evidence standard properly used at jurisdictional hearing, insufficient evidence presented to sustain dependency petition.